STATE OF BIHAR Vs. SHYAM NARAYAN SINGH

JUDGEMENT

(1.) The only issue in the present Letters Patent Appeal on behalf of the State Government is whether the enquiry report upon acceptance by the disciplinary authority could become a matter of re-examination by higher authority.

(2.) The other aspect has also to be kept in mind. If the disciplinary authority does not accept the enquiry report for instance to exonerate a delinquent facing enquiry, then reasons have to be recorded by the disciplinary authority. In the present case there was an exoneration by the Enquiry Officer. This report was accepted.

(3.) The only argument made on the Letters Patent Appeal by the learned State counsel S.C. 3 is to the effect that the result of the enquiry was not up to the mark and thus it was seen by the superiors and order was passed by the Government, dated 5th October, 1996 (Annexure-6 to the writ petition) that there ought to be a re-enquiry and this should be conducted by an officer senior to the Enquiry Officer.